May 20, 2023

The job of a workplace lawyer

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A workplace lawyer is popularly known as an employment lawyer. He is a legal expert that can help anyone facing employment law claims, violations, and disputes for both employers and employees.

The employment policy of any company and business needs the speciality of a workplace lawyer. Disputes between workers or employers and employees get a resolution with help from a workplace lawyer.

Frivolous lawsuits launched against employers and the protection of employee rights are the things that an employment lawyer can help with. The experience and knowledge of the lawyer with employment laws of varying states ensure the application of the proper regulation in employment practices.

With this said, opting to hire a workplace attorney provides benefits for both employers and employees. What does a workplace lawyer do? Find out below.

Workplace claims handled by a workplace lawyer

Experienced workplace lawyers ensure the proper handling of various kinds of claims. Common workplace issues include:

  • Hostile workplace environment claims
  • Benefits disputes
  • Discrimination claims
  • Employment contracts
  • Wrongful termination claims
  • Wage disputes

How can workplace lawyer help employees?

Ensuring that employers follow the different state and federal regulations and laws regarding the rights of workers is the main focus of a workplace lawyer. Employees can sue their employers if found acting illegally on:

  • Not following the guidelines of the Family Medical Leave Act that allow workers with family health issues to get unpaid leave of up to 12 weeks
  • The non-payment of overtime and wages
  • Discrimination acts based on religion, age, race, disability, or sex
  • Not ensuring a safe workplace environment for workers
  • Non-compliance and non-payment of employee benefits and pensions

Workers that are treated unfairly in the workplace need help from a lawyer. Not being a lawyer decreases your chance of successfully filing a claim and getting the right compensation. It’s always smart to consult an employment lawyer before taking any action.

How do workplace lawyers help employers?

Far too many employers decide on routine workplace matters without consulting a lawyer. However, some circumstances needing help from a workplace lawyer include:

Classification of employees

An employer correctly classifying their employees avoids legal issues and fines. Hiring the services of an employment lawyer helps to identify non-exempt and exempt employee classifications.

The proper classification of work relationships between employees and independent contractors by a lawyer helps in determining overtime pay, wages, and back pay.

Ensuring that all employment laws are met means that employment lawyers are often tasked with writing employee procedures, a handbook, and policies. Entrusting a lawyer with policy-making ensures meeting all requirements for benefits, wages, family medical leave, and overtime pay.

Employee termination

Potential lawsuits in the workplace are often with personnel decisions. An employee fired for poor performance or misconduct is likely to file a complaint. The risk of potential lawsuits is minimised with help from an employment attorney.

Complaints and lawsuits

Claims filed by employees for discrimination or harassment need to be handled by an experienced workplace lawyer. Employment lawyers also help in handling workers’ compensation benefits or appeals for employment denial.

Crucial employment decisions

Changes in the retirement plan or mass layoffs are likely to affect many workers of a business or company. Major decisions affecting the livelihood of workers are likely to result in legal problems. Working with an employment lawyer before an employer makes major decisions and changes are the best way to avoid legal problems.

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